Workington Dock and Harbour Act 1882
| Jurisdiction | UK Non-devolved |
| Citation | 1882 c. ccviii |
[45 & 46 VICT.] Workington Dock and Barbour [Ch. CCViii.]
Act, 1882.
CHAPTER ccviii.
An Act to empower the Trustees of the Will of the late
A.D.
i882.
William Earl of Lonsdale to construct a new Dock and
other works in connexion with the existing Workington
Harbour, and to raise money for that purpose, and to
authorise a sale or transfer by the said Trustees of the
Workington Harbour undertaking (being part of the
estates settled by the Will of the said Earl), and for other
purposes. [10th August 1882.]
HEKEAS by an Act passed in the session of the third and 3
&
4 Vict,
fourth years of the reign of Her present Majesty, intituled c' '
" An Act for regulating and preserving the harbour of Workington
" in the county of Cumberland, and for other purposes relating
" thereto " (in this Act referred to as the Act of 1840), the lord of
the manor of Workington for the time being, the lord of the manor
of Seaton for the time being, and certain other persons in that Act
named, and the survivors and survivor of them, were appointed the
first trustees for carrying into execution the several purposes of
that Act, and provision was made in that Act for the appointment
at stated periods and from time to time of persons to act with the
lord of the manor of Workington for the time being, and the lord
of the manor of Seaton for the time being, as the successors of such
first trustees, in the office of trustees for improving the harbour of
Workington:
And whereas by the same Act (section 50) the limits of the har-
bour of Workington were defined, and (section 58) it was declared
that the jurisdiction of the trustees in the execution thereof should
comprehend the limits of the harbour :
And whereas by the same Act (section 59) it was further enacted
that the harbour, the harbour cable house, spile house, and harbour
cables, and all the then present and future quays, piers, wharfs,
docks,
and other works of or belonging to the harbour (except the
[Locul.-208.~] A 1
W
[Clt. CCViii.] Workington Dock and Harbour ['45 &'46 VICT.]
Act, 1882.
A.D.
1882. messuage or dwelling-house and premises adjoining or near to
the harbour on the south side
thereof,
commonly called by the
name of the harbour house, then in the occupation of Edward Smith,
the harbour-master, with the appurtenances, which was the private
property of Henry Cur
wen),
and that all the present and future
public roads, highways, passages, and public places within the
limits of the harbour, and all drains and sewers within the same
limits,
and all gasometers, pipes, apparatus and machinery, lamps,
lamp-irons, watch-boxes, posts, and other things then belonging to
the harbour, or thereafter to be purchased or provided under the
authority of that Act for the purpose of lighting and watching the
harbour, and all other implements, apparatus, materials, articles,
and things whatsoever purchased and provided under the authority
of that Act, for any of the purposes of that Act, should severally
and respectively be deemed to belong to and be the property of, and
the same were thereby vested in, the trustees for the time being for
executing that Act (who are in this Act referred to as the harbour
trustees) :
And whereas by the same Act the harbour trustees were em-
powered to receive tonnage rates on vessels using the harbour, and
to collect anchorage dues for the lords of the manors of Workington
and Seaton, and to cause the harbour or portions thereof to be
lighted and watched, and to raise money on mortgage and other-
wise,
and other powers and duties relating to the harbour were
conferred and imposed on the harbour trustees:
And whereas in the session of the twenty-seventh and twenty-
27
&
28
Vict,
eighth years of the same reign, the Workington Harbour Act, 1864,
c
cv.
wag passe(j (jn this Act referred to as the Act of 1864), whereby
the borrowing and other powers of the harbour trustees were
amended and extended; and it was provided that the whole sum
borrowed and secured by the harbour trustees at any one time under
the authority of the Act of 1840 and that Act should not exceed
.£50,000 :
24
& 25
Viet.
And whereas by the Workington Dock Act, 1861 (in this Act
c.
lxxxiii. referrea to as the Act of 1861), the Right Honorable William
Earl of Lonsdale was empowered to make and maintain a dock or
tidal basin at Workington, and a railway therefrom to join the
Whitehaven Junction Railway, and to execute certain works within
the limits of the said harbour, and to take rates and tolls, and to
enter into traffic arrangements with the Whitehaven Junction Rail>-
way Company and the Cockermouth and Workington Railway
Company, or either of them, and to borrow money; but after the
works authorised by that Act had been commenced and partly
2
[45 & 46 VICT.] Workington Bock and Earbour [Ch. CCVlii.]
Act, 1882.
executed, it was deemed expedient to vary the same at an increase
A.D.
1882.
of £30,000 beyond the estimated cost of the original undertaking:
And whereas such variance of the original undertaking was
authorised by the Workington Wet Dock Act, 1863 (in {his Act
26 & 27
Vict.
referred to as the Act of 1863), and it was by the Act of 1863 Cl xvi#
enacted that all the powers and provisions of the Act of 1861
should, as far as the same or any of them were applicable, and
except as altered by the Act of 1863, apply to the substituted dock
and works by the Act of 1863 authorised; and the said Earl was
empowered to borrow on mortgage of the said works, and of the
tolls,
rates, and duties authorised by the Act of 1863, further
moneys, making in the whole £18,000 :
And whereas the dock, railway, and other works authorised by
the Act of 1863 were constructed and opened, and have been
attended with advantages to shipping and to trade generally:
And whereas by articles of agreement dated the 13th day of
June,
1868, and made between Isaac Fletcher, Septimus Bourne,
James Smith, William Irving, Richard Bowness, Richard Harrison,
John Key, and William Mulcaster, therein described as certain of
the trustees of the harbour of Workington, acting under the pro-
visions of the Acts of 1840 and 1864, of the one part, and the said
William Earl of Lonsdale of the other part, after reciting to the
effect that the harbour trustees were of opinion that it would be
highly advantageous to all those whose interests they represented if
the said harbour, with all the property, rights, and powers of every
kind
belonarins:
to or vested in them as such trustees were transferred
to and absolutely vested in the said Earl on the terms and con-
ditions therein-after mentioned, and that the said Earl was desirous
of accepting such transfer and taking on himself the obligations
and liabilities therein-after mentioned, it was (among other things)
agreed that application should be made by the said Earl and har-
bour trustees jointly in the then next session of Parliament for
an Act confirming that agreement and vesting in the said Earl the
harbour and all the estates, property, moneys, credits, assets, rights,
powers, and privileges belonging to or vested in the harbour trus-
tees under or by virtue of the Acts of 1840 and 1864, or either of
them, and imposing on the said Earl the discharge of all the duties
and obligations of the trustees under the same Acts respectively :
And whereas by the Workington Harbour (Transfer) Act, 1869
32 & 33
Vict.
(in this Act referred to as the Act of 1869), after reciting (among c-*"'•
other things) to the effect that the said agreement of the 13th day
of June, 1868, was duly executed at a general meeting of the har-
bour trustees, held in conformity with the provisions of the Act of
1840 and of the Act of 1864, and that the moneys from time to
A 2 3
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